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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 13, 1980, the Plaintiff graduated from C School.
B. On September 1, 2014, the Plaintiff entered D University, a private school established and managed by the Defendant, with a bachelor’s degree granted on August 25, 2018, and graduated from the said school.
C. On May 8, 2019, the Defendant revoked the Plaintiff’s entrance license and accordingly revoked the Plaintiff’s bachelor’s degree, on the ground that C Schools that the Plaintiff graduated from a school were not recognized as having a higher academic background.
(hereinafter referred to as “instant decision”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including serial numbers), the purport of the whole pleadings.
2. The plaintiff ex officio determination is seeking revocation of the decision of this case against the defendant on the ground that the decision of this case violates the principle of protection of trust and thus is illegal and unjust.
ex officio, the Plaintiff’s lawsuit of this case seeking revocation of an expression of intent made by a private person can be deemed as an action of formation in light of the nature of the claim. The lawsuit of formation for the purpose of alteration and formation of existing legal relations or rights is permitted only when there is a legal express provision (see, e.g., Supreme Court Decision 92Da35462, Sept. 14, 1993). Unless there exist any legal grounds that the Plaintiff may file a lawsuit against the Defendant, a school juristic person, seeking revocation of the decision of this case, the Plaintiff’s lawsuit of this case is unlawful as
3. Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.